13 | 12 | | A BILL TO BE ENTITLED 1 |
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14 | 13 | | AN ACT PROVIDING THAT CITIES SHALL NOT PROHIBIT CERTAIN HOME-BASED 2 |
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15 | 14 | | BUSINESSES WITHIN THEIR JURISDICTIONAL LIMITS. 3 |
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16 | 15 | | The General Assembly of North Carolina enacts: 4 |
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17 | 16 | | SECTION 1. Article 8 of Chapter 160A of the General Statutes is amended by 5 |
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18 | 17 | | adding a new section to read: 6 |
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19 | 18 | | "ยง 160A-205.8. No-impact home-based businesses. 7 |
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20 | 19 | | (a) A city shall not adopt an ordinance or other regulation prohibiting no-impact 8 |
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21 | 20 | | home-based businesses within its jurisdictional limits or require a person to apply, register, or 9 |
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22 | 21 | | obtain any permit, license, variance, or other type of approval to operate a no-impact home-based 10 |
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23 | 22 | | business within its jurisdictional limit. A city may impose reasonable regulations on no-impact 11 |
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24 | 23 | | home-based businesses if the regulations are narrowly tailored for any of the following purposes: 12 |
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25 | 24 | | (1) Ensuring the protection of public health and safety, as allowed by law. 13 |
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26 | 25 | | (2) Ensuring that the business activity meets all of the following: 14 |
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27 | 26 | | a. Is compatible with the residential use of the property and surrounding 15 |
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28 | 27 | | residential use. 16 |
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29 | 28 | | b. Is secondary to the use of the property as a residential dwelling. 17 |
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30 | 29 | | c. Complies with State and federal law, including the payment of 18 |
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31 | 30 | | applicable taxes. 19 |
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32 | 31 | | (3) Prohibiting or limiting the use of no-impact home-based businesses for the 20 |
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33 | 32 | | purpose of selling illegal drugs, liquor, operating or maintaining a structured 21 |
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34 | 33 | | sober living home, pornography, obscenity, or nude or topless dancing or 22 |
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35 | 34 | | other adult-oriented businesses. 23 |
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41 | 40 | | (c) The provisions of this section shall not apply if the operation of a no-impact 29 |
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42 | 41 | | home-based business is prohibited by the terms of: 30 |
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43 | 42 | | (1) Any deed, covenant, or agreement restricting the use of the land. 31 |
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44 | 43 | | (2) Any master deed, bylaws, or other documents applicable to a homeowners 32 |
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45 | 44 | | association. 33 |
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46 | 45 | | (d) The following definitions apply in this section: 34 |
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47 | 46 | | (1) Goods. โ Any merchandise, equipment, products, supplies, or materials. 35 General Assembly Of North Carolina Session 2025 |
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56 | 55 | | b. The business activities are characterized by all of the following: 8 |
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57 | 56 | | 1. Are limited to the sale of lawful goods and services. 9 |
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58 | 57 | | 2. Do not generate on-street parking or a substantial increase in 10 |
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59 | 58 | | traffic through the residential area. 11 |
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60 | 59 | | 3. Occur inside or in the yard of the residential dwelling. 12 |
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61 | 60 | | 4. Are not visible from the street. 13 |
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62 | 61 | | 5. Do not store merchandise, equipment, products, supplies, or 14 |
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63 | 62 | | materials outside of the premises." 15 |
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64 | 63 | | SECTION 2. This act is effective when it becomes law. 16 |
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